Canadian legal system

Evidence Act:

The Canada Evidence Act  is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the Act is not comprehensive.

The Act only applies to court proceedings conducted under federal law. The Act thus applies in courts and administrative agencies created by the federal Parliament, such as the Federal Court of Canada and the Tax Court of Canada, as well as appeals from those courts to the Federal Court of Appeal and the Supreme Court of Canada. The Act also applies in the provincial courts when they hear and determine matters under federal laws, notably under the Criminal Code, a federal statute.

The Act does not apply to matters under provincial law. Each province has its own Evidence Act for matters under provincial law. When a matter under provincial law is appealed to the Supreme Court of Canada, the provincial Evidence Act will govern, not the federal Act. The Canada Evidence Act incorporates the provincial law of evidence to supplement the provisions of the federal Act, notably in the law relating to proof of service of documents.

Security guards must be familiar with the Canadian legal system, including the Criminal Court System, The Ontario Evidence Act, The Canada Evidence Act and how any information taken can be used in court.

This will ensure they take the proper precautionary steps to get everything they need in the proper formats so that it will be admissible in court.

They should have an understanding of the differences between the federal, provincial and municipal law as well as the differences between criminal and civil law.

They must also know the hierarchy of the court system and the requirements for the admissibility of evidence.

As stated above, a security guard may need to be a witness in court, if they have the proper understanding of how the system works, they will know exactly what to look for and what to put in evidence while on the job.

Should a guard have to attend court, they will have the opportunity to refer to their notes to refresh their memory.

Guards should have the understanding that all investigations should be concluded as if the case may potentially go to trial and therefore handle themselves and all information accordingly, ensuring that no mistakes are made.